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Steve.77
Starting Member
9 Posts |
 Posted - 06 January 2015 : 13:03:30
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| Are congestion charge fines covered under bankruptcy? |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 06 January 2015 : 14:38:37
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Hi and welcome.
I don't think they are but I do stand to be corrected.
Hopefully one of the experts will be along to clarigy soon.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 06 January 2015 : 15:37:19
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Having just looked this up it appears that they can be included but do speak to an expert.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 06 January 2015 : 20:52:54
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Hi Steve,
Yes they can be included in your bankruptcy.
Do you have any other debt? Have you taken advice yet?
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp |
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Steve.77
Starting Member
9 Posts |
Posted - 06 January 2015 : 23:16:42
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quote:
Originally posted by Viki.W
Hi Steve,
Yes they can be included in your bankruptcy.
Do you have any other debt? Have you taken advice yet?
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Hi Viki,
Thanks for clarifying.
I do have some other smaller debts. I am being forced kind of into this situation and my bankruptcy is on Friday.
Basically a large company is making me bankrupt because they want me to pay them £13k which I cannot and also refuse to.
The debt relates to a personal guarantee that I unknowingly signed when I was a co-director with someone a few years ago. I left that company and bills started not being paid and eventually the company failed and then they started chasing me for the debt. I did fight it in court but lost.
The only other thing I did have was a limited company but I have walked away from this for the past 9 months and my wife started a new one.
I do not have anything for anyone to gain. I know bankruptcy is not an ideal situation but it really doesn't worry me if I am honest and at least I get a clean slate.
Thanks
Steve
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 07 January 2015 : 09:15:05
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Sorry to hear about the circumstances surrounding your BR.
I presume the company is paying the court fees?
Let us know how you get on.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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Steve.77
Starting Member
9 Posts |
Posted - 14 January 2015 : 14:03:15
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quote:
Originally posted by Niobe
Sorry to hear about the circumstances surrounding your BR.
I presume the company is paying the court fees?
Let us know how you get on.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
Hi,
So the hearing took place last Friday and now I am bankrupt. The company did in fact pay all the fees.
I have just spoken to the official receiver and he wasn't sure about congestion charge although I have phone tfl and they have confirmed it is and I should send in proof but they won't stop the bailiff action until they get it so that might be interesting if they turn up.
An important point the receiver mentioned and that was I need to be careful. The reason why is because I had a limited company and was sole director and stopped trading early last year. I then setup a new company between me and my wife and then resigned leaving the company to my wife and now I work for her. He said that this could be a criminal offence because it is the same company and type just a different name and my wife owns it. He said I could be seen as being a director and using the company in her name to get around things.
He suggested legal advice but I can't afford that obviously so wonder if anyone here could help or is there anywhere that gives free advice?
Many thanks.
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 14 January 2015 : 14:09:40
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I'm glad the BR got sorted out ok. I'm surprised that the OR didn't know about the congestion charge. All I can suggest with the bailiffs is to keep your doors and windows locked and if they do turn up, poke a copy of your BR through the letter box for them to look at.
Not sure about the company - Viki might be able to help, otherwise visit CAB or get one of the free initial consultations from a local solicitor.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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Steve.77
Starting Member
9 Posts |
Posted - 14 January 2015 : 15:09:17
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quote:
Originally posted by Niobe
I'm glad the BR got sorted out ok. I'm surprised that the OR didn't know about the congestion charge. All I can suggest with the bailiffs is to keep your doors and windows locked and if they do turn up, poke a copy of your BR through the letter box for them to look at.
Not sure about the company - Viki might be able to help, otherwise visit CAB or get one of the free initial consultations from a local solicitor.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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Steve.77
Starting Member
9 Posts |
Posted - 14 January 2015 : 15:14:25
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He didnt seem to know anything really and asked if I had other debts. He even though the congestion charge was still payable. He did seem to know my house was rented not sure how maybe an educated guess.
Are these people nice, he seemed nice on the phone but am always weary of the government that they are trying to catch you out on things or do they take your word for it? I have nothing to hide anyway so it doesn't really matter.
I did ask if I could keep my phone and he said yes but not sure if he meant the phone itself or the contract. Its the contract I want really.
He didn't seem bothered with the congestion charge thing and he told me I'm not allowed to deal with anything before the bankruptcy but too be honest as soon as the order comes through im going to send it to tfl as my interview isnt even for another month.
As for the company, I hope it can stay as it is because that would throw a spanner in the works. I guess my wife could change it to sole trader but that might be a nightmare having to explain to her customers she has now.
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 14 January 2015 : 16:06:36
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The bankruptcy has already been sorted and he should know that.
Surprised it is going to take a month for the interview. Make sure you have everything to hand, all of your debts will be included and you can sort that out.
Again, not sure about the company.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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Steve.77
Starting Member
9 Posts |
Posted - 15 January 2015 : 12:57:32
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Hi again,
I'm a little concerned that this bankruptcy is going to affect me more than originally thought mostly to do with the company issues. I wonder, is it possible if I was to say find the funds to pay the amount owed to the creditor that made me bankrupt that I could then have it annulled?
It may be quite possible to raise the funds by the end of Feb so not sure if I can take any action now or if it can only be done after I have paid?
Thanks
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 15 January 2015 : 13:03:35
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I imagine that you would be able to do this although not sure whether or not there is a time scalw.
How would you raise the funds?
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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Steve.77
Starting Member
9 Posts |
Posted - 15 January 2015 : 13:29:24
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quote:
Originally posted by Niobe
I imagine that you would be able to do this although not sure whether or not there is a time scalw.
How would you raise the funds?
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
I can't see anything about timescales and think it can be done anytime.
The company setup in my wifes name has been awarded a big contract. Although I don't want to pay as it isn't really my debt I think it would be for the best long term and short term. The money although reluctantly can quite easily be found.
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 15 January 2015 : 14:05:30
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I would first of all make sure this money is available and have a word with the OR initially or CAB as they may be able to help with further advice.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 15 January 2015 : 15:21:46
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I suggest you speak to the OR now as to your intentions.
The OR can then give you a figure that you need to pay and start the ball rolling.
Good luck, that's great news.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp |
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Topic |
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Are congestion charge fines covered under bankruptcy ?
